Attending Court for Consumer Cases Filed on e-Jagriti Portal: Is It Mandatory?

If you are stuck in such a situation, here is what to do.

Mr. Kumar, a resident of the city of Suryanagar in the state of Dakshin Pradesh, found himself in a frustrating situation with a tech company, “Innovate Gadgets Pvt. Ltd.,” which has its main office in the city of Himadri in the state of Uttaranchal. The dispute was over a refund of a relatively small amount, just ₹1,500. Seeking justice, Mr. Kumar filed a consumer complaint online through the e-Jagriti portal, a national platform for consumer grievances.

Since the e-Jagriti portal is integrated with the consumer commissions in Dakshin Pradesh, his case was registered with the District Consumer Disputes Redressal Commission in Suryanagar. His primary concern was whether he would be forced to attend physical court hearings. The cost of travel and the potential need to hire a lawyer for such a small amount seemed daunting. He had meticulously submitted all his evidence, including email correspondence and payment receipts, through the online portal. He wondered if the Commission would accept his written arguments alone or if his physical presence would be mandatory, and he sought clarity on how such low-value consumer disputes are typically handled in the digital age.

Advice in such cases

The Consumer Protection Act, 2019, has significantly modernized the process of filing and hearing consumer complaints, with a strong emphasis on digital access and convenience for the consumer.

Virtual Hearings: The Act and the rules made thereunder explicitly provide for hearings to be conducted via video conferencing. This is a crucial provision for cases like this where the parties are in different locations or find it difficult to travel. You can file an application requesting the Commission to allow you to appear and argue your case through a video link.
Filing Written Submissions: Consumer Commissions generally allow parties to file detailed written arguments. If you have submitted all your evidence and your case is straightforward, a well-drafted written submission can be very effective. Ensure your arguments clearly link your evidence to the points of law and the relief you are seeking.
No Automatic Requirement for Physical Presence: There is no blanket rule that you must be physically present for every hearing, especially for small claims filed online. The decision rests with the discretion of the Commission, but they are generally accommodating of requests for virtual appearances, in line with the spirit of the Act.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The primary law governing such disputes is the Consumer Protection Act, 2019. Key provisions include:

Section 35 (Manner in which complaint shall be made): This section allows for the filing of complaints electronically in the prescribed manner. The e-Jagriti portal is the mechanism to facilitate this.
Section 34(2)(d) (Jurisdiction of District Commission): This provision allows a complainant to file a case in the jurisdiction where they reside or personally work for gain, which is a significant advantage for consumers dealing with companies in other states.
Section 38(8) (Procedure on admission of complaint): This section empowers the District Commission to conduct hearings through video conferencing, promoting efficiency and reducing the need for physical travel.
Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020: These rules further detail the procedures for e-filing and the use of technology in proceedings.

If you are the complainant

If you have filed a consumer complaint and are facing a similar situation, here are the steps to follow:

File a Formal Application: Do not just assume a virtual hearing will be granted. File a formal application (interlocutory application) before the Commission, clearly stating the reasons why you cannot attend physically (e.g., distance, financial constraints, small claim amount) and requesting to be heard via video conferencing.
Keep Your Digital Evidence Ready: Ensure all your evidence is properly cataloged and submitted on the portal. Refer to these documents clearly in your written submissions and be prepared to present them on screen during a virtual hearing.
Prepare Concise Written Arguments: Draft your final arguments in a clear, point-wise manner. Start with a brief summary of the case, list the deficiencies in service or defects in goods, cite the evidence for each point, and finally, state the relief you are claiming.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the aggrieved consumer (the victim of the unfair trade practice), your primary goal is to present your case effectively without incurring disproportionate costs.

Leverage Technology: The e-Jagriti portal is designed for your benefit. Use it for all filings, communications, and to track the status of your case. This creates an official digital record of the entire process.
Be Proactive: Actively follow up on your case through the portal. If a hearing date is set, promptly file your application for a virtual hearing. Do not wait until the last minute.
Focus on the Merits: Since you are arguing in person (or virtually), focus on the facts and the evidence. The Commissions are designed to be consumer-friendly and will often focus on the substance of the complaint over complex legal technicalities, especially in smaller cases.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

It is important to understand that consumer disputes are civil matters. The police have no direct role in proceedings before the Consumer Commission. You do not need to file a police complaint or an FIR for a deficiency in service or a defective product. The Consumer Commission is a quasi-judicial body with its own powers to adjudicate disputes. The police would only get involved if there is an element of a criminal offense, such as cheating (Section 318 of Bharatiya Nyaya Sanhita, 2023) or criminal breach of trust, which would be pursued as a separate criminal case and does not fall under the purview of the Consumer Commission’s typical proceedings.

FAQs people normally have

Can I handle a consumer case entirely online?
Yes, the Consumer Protection Act, 2019, and the e-Jagriti portal are designed to facilitate an end-to-end digital process, from filing and payment of fees to evidence submission and virtual hearings.
Is a lawyer required for a small consumer claim?
No, it is not mandatory to hire a lawyer. A consumer can appear in person or through an authorized representative. For small claims, many consumers successfully represent themselves, especially with the availability of virtual hearings.
What happens if the company (opposite party) does not appear?
If the company has been served notice and still fails to appear, the Consumer Commission can decide to proceed with the case ex-parte, meaning it will hear your side of the story and pass an order based on the evidence you have provided.

What evidence is required?

Strong documentary evidence is the backbone of any consumer case. You should meticulously collect and submit:

Proof of Purchase: Invoices, bills, or receipts.
Proof of Payment: Bank statements, credit card statements, or screenshots of digital payment confirmations.
Communication Trail: All emails, WhatsApp chats, SMS messages, or records of phone calls with the company’s customer service.
Product/Service Evidence: Photographs or videos showing the defect in the product or deficiency in the service.
Company Policies: Screenshots of the company’s refund policy, terms and conditions, or any advertisements that made a promise.
Legal Notice (if any): A copy of any legal notice sent to the company and their reply, if any.

How long will the investigation take?

The Consumer Protection Act, 2019, mandates a swift resolution. Section 38(7) of the Act states that every complaint shall be heard as expeditiously as possible. The goal is to decide the complaint within three months from the date of receipt of notice by the opposite party. If the complaint requires analysis or testing of commodities, the timeline is extended to five months. While these are the statutory timelines, practical delays can occur due to the caseload of the Commission or procedural requirements. However, the system is designed for much faster disposal than traditional civil courts.

Advocate Sudhir Rao, Supreme Court of India

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